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TO PEE OR NOT TO PEE ....

shakespeare~nyreblog.JPGIn Matter of Liakis v. Selsky , Nicholas Liakis was accused of violating a prison disciplinary rule which requires inmates to provide a urine sample within a specified time period.

While he acknowledged he failed to provide a urine sample within the three-hour window, Liakis claimed the delay was due to a prescription medication which made it difficult for him to urinate.

Notwithstanding that excuse, the Commissioner of Correctional Services found Liakis guilty and, when the inmate challenged the determination by filing a case with the Albany County Supreme Court, the matter was transferred to the Appellate Division, Third Department.

Since the inability to urinate was only one of his medication's many possible side effects, and because he failed to previously mention that alleged difficulty to the facility's medical personnel, the AD3 passed on Liakis's claim.

Far from golden, wouldn't you agree?

j0236446.gifTo download a copy of the Appellate Division's decision, please use this link: Matter of Liakis v. Selsky

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